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Judiciary

ITAT Allows Depreciation on Asset Kept Ready for Use but Actually not Put to Use

July 2, 2023 1479 Views 0 comment Print

A comprehensive review of the recent ITAT Delhi’s ruling on Span Air Pvt Ltd Vs ACIT case, which offers key insights on depreciation claims under section 32 of the Income Tax Act.

Non-Cooperation during Assessment Leads to GST Rectification Rejection

July 2, 2023 1074 Views 0 comment Print

Madras High Court rules on Seoyon E-Hwa Summit Automotive India’s case, justifying rejection of rectification application under CGST Act due to assessee’s lack of cooperation during assessment process.

Personal Hearing Cannot Be Denied Without Assessee Confirmation

July 2, 2023 1905 Views 0 comment Print

Allahabad High Court in Mohini Traders v. State of U.P., held that assessing authority must provide an opportunity for a personal hearing before passing an adverse order, regardless of whether assessee explicitly requested it

Validity of GST Refund Applications Pre-Policy for Unregistered Persons

July 2, 2023 750 Views 0 comment Print

Judgment by Bombay High Court in C.P. Rabindranath Menon v. Deputy Commissioner of State Tax, which allows unregistered persons to claim GST refunds for the period before issuance of a refund policy.

ITAT Upholds disallowance for belated employees’ contributions to PF/ESIC

July 1, 2023 642 Views 0 comment Print

Learn about the pivotal judgement in the BT Data & Surveying Services India Pvt Ltd Vs ITO case, where ITAT Delhi upholds disallowance for belated employees’ contributions to PF/ESIC.

Delayed Employee Contribution to ESI/PF disallowed in Section 143(1) Proceedings

July 1, 2023 3186 Views 0 comment Print

Understand the recent ruling by ITAT Delhi in the case of Savleen Kaur Vs ITO, affirming that a delayed deposit of Employees Contribution to ESI/PF can be disallowed by CPC in Section 143(1) proceedings.

ITAT upheld disallowance of Belated Employee Contribution to EPF/ESIC in Section 143(1) Proceedings

July 1, 2023 1104 Views 0 comment Print

Learn about the latest judgement from ITAT Delhi, where it upheld the disallowance of belated employee contributions to EPF/ESIC in section 143(1) income tax proceedings.

Arriving at Arm’s Length Price as NIL without giving contrary finding is unsustainable

July 1, 2023 942 Views 0 comment Print

ITAT Mumbai held that the TPO is not correct in arriving at the ALP as NIL on the ground that the need and benefit test is not satisfied by the assessee without giving any contrary findings with regard to the various documents including the TP study submitted by the assessee.

Input Service Distributor procedure not to be followed in absence of head office-branch office relation

July 1, 2023 675 Views 0 comment Print

Held that the Hyderabad office is not required to act as an input service distributor (ISD) as there is no head office-branch office basis relation between the Hyderabad office and other offices. Accordingly procedure under Rule 4A of the Services Tax Rules, 1994 not required to be followed.

Penalty for late filing of Profession Tax Return is not allowable as business expense

July 1, 2023 5202 Views 0 comment Print

ITAT Mumbai held that penalty levied for late filing of Profession Tax Return is penal in nature accordingly is not allowable as business expenditure.

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